Legal Issues

TAKING CARE OF RELATIVE CHILDREN "LONG TERM"

Some of the options presented below may require the services of a qualified attorney. Don't be shy: be sure and ask any attorney you contact whether he or she has successfully handled other cases of the type you need. If you require legal assistance in child and family welfare, adoption, guardianship or custody matters, call

If you are a grandparent, relative, or other "kin", you may arrange for a child to remain legally in your care in several ways, including:

I. Title 14 Guardianship

• Is filed at Pima County Probate Court. Requires a filing fee and may require a fee for publishing names of absent parents when their address is unknown. These fees can be waived (meaning you won't have to pay them) if you ask, and fill out necessary papers.
  
• Allows you to register children in school, and make educational and medical decisions for children, and most decisions affecting daily life. Can continue to the age of 18.
  
• Does not end birth parent's rights or obligations, such as child support.
  
• Does require the consent of each birth parent, even when they are playing no part in the child's life, unless parent is absent or deceased, or rights were ended in a court of law. If you do not know where the parent is, there are papers you can complete for that absent parent so that you can go on to file for the guardianship.
  
• Birth parents may ask the Probate Court to end their consent to the guardianship and take the child/ren back.
  
• Guardianship requires that you fill out some papers. Get the packet free from the Southern Arizona Legal Aid Office, TUSD Welcome Center, Kinship, Adoption, Resource and Education (K.A.R.E.) Family Center, and other locations. K.A.R.E. Family Center offers weekly clinics to assist you in filling out the packet without charge. Complete instructions are available in English and in Spanish.

II. Dependency Action

• May occur through Child Protective Services (CPS) when child is "removed" from an abusive or neglectful home.
  
• Grandparents or relatives caring for the children will have their home studied and may become licensed or unlicensed foster parents, providing they are of good moral character and meet other requirements. As licensed or unlicensed foster parents, they may be eligible for support for the children, including financial, medical, clothing, etc.
  
• If the birth parent(s) fail to make the changes required for taking the child/ren back into their care, grandparents and relatives may be offered the option to become permanent guardians (called a Title 8 Guardianship, available only to children in state custody) or adoptive parents through the Juvenile Court.
  
• When grandparents/relatives believe they can prove to the Juvenile Court that a child is at serious risk of abuse or neglect, they may file a "private dependency action" in Juvenile Court. This action can protect children from abuse, neglect, abandonment, etc. Here CPS is not initially involved, and caretakers are not considered foster parents. Consult a qualified attorney for this option.
  
• If your grandchild/relative is taken into CPS custody and you are strongly interested in participating in the case, or if you want to file a "private dependency action", call Pima County Juvenile Court, 2225 E. Ajo Way, (520)740-2000

III. Adoption

• Is a permanent option for the rest of a child's life giving grandchildren or relative children the same rights, including the right of inheritance, as if the child were born to you.
  
• Requires the permanent ending ("termination") of both of the birth parents' legal parental rights, either by their voluntary consent or by a Court process called "severance" which is completed in the Juvenile Court.
  
• May require you to seek the services of an attorney specializing in adoption. (See "Lawyer Referral Service" above)
  
• May be started by relatives residing in Pima County by calling the Pima County Attorney's Office at Juvenile Court, (520)740-2991, and asking for a "Relative Adoption Packet".
  
• In some cases, may be completed, including the study of your home and all necessary reporting needed for the final adoption hearing, through the Pima County Juvenile Court Adoption office, (520)740-2920. Translation available. There is a sliding scale fee for some applicants; below a certain income there is no charge.
  
• For children already in the custody of Child Protective Services, other adoption procedures apply if you are the relative foster parent. Check with the child's attorney or the child's CPS caseworker for best information.

IV. Other Options

Grandparent Visitation Rights information may be obtained from a qualified attorney or from Grandparents United.

Persons seeking to win custody of a related child through a "Non-Parent Custody Suit" should seek qualified professional legal advice as this option can be complex and require numerous court appearances.

Power of Attorney is a good document for relatives/grandparents taking short term care of a child and needing authorization for the child's medical care. It is not a guardianship, and it does not necessarily allow a child to be registered in school (TUSD, for example, requires "proof of guardianship") Power of attorney requires no Court procedure and is renewable every six months (12 months if parent is serving in the military) by a notary.

The above information is provided by Laurie Melrood, Director of the K.A.R.E. Family Center." Atty. Terry Dalke reviewed the information. For more information, call the K.A.R.E. Family Center at (520)323-4476